PTO a marital asset?

[ucffan]

What is the name of your state (only U.S. law)? Florida

Is my husbands PTO considered a marital asset?

Thanks in advance

 

[ecmst12]

Any income earned while married is marital.

 

[ucffan]

Any income earned while married is marital.

what if it has not been cashed in yet? I mean he can only cash in some of the time like 112 hours in nov/dec. But he has a ton of PTO. I do not think I am going to ask for it regardless he s just being petty and difficult regarding other things and I want to know my options.

 

[single317dad]

what if it has not been cashed in yet? I mean he can only cash in some of the time like 112 hours in nov/dec. But he has a ton of PTO. I do not think I am going to ask for it regardless he s just being petty and difficult regarding other things and I want to know my options.

List it as an asset in the property division and offset it with other items of value. What he may argue is that there is no intrinsic value in the PTO, if the only way he can redeem it is by missing work. That will depend on the company policy.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Florida

Is my husbands PTO considered a marital asset?

Thanks in advance

Just because something is legal, doesn't make ethically and/or morally the correct action to take.

 

[ucffan]

Just because something is legal, doesn't make ethically and/or morally the correct action to take.

I 100% agree with you, but when the other party is doing a lot of unethical and immoral things I feel I should know my options.

 

[Ladyback1]

I 100% agree with you, but when the other party is doing a lot of unethical and immoral things I feel I should know my options.

And is that the example you want to set for your child? Stooping to the level of the nastiest player wins the game?
Sorry, I know that the whole divorce, custody, child support, spousal support issue is difficult (divorced my Ex of 15 years, almost 4.5 years ago), but...trust me, you don't want to sink to his level.

 

[ucffan]

And is that the example you want to set for your child? Stooping to the level of the nastiest player wins the game?
Sorry, I know that the whole divorce, custody, child support, spousal support issue is difficult (divorced my Ex of 15 years, almost 4.5 years ago), but...trust me, you don't want to sink to his level.

I think I said I wouldn't ask for it. But I want to know my options when speaking to him. He has thrown in my face a thousand times what he could do to be a jerk. Including doing some of these things. I want to show him what I could do and refuse to do. I just want knowledge. I know the moral and ethical answer to this question. Just wanted the legal answer.

 

[TigerD]

If the marriage is going south, it could be more of a sentence than an asset.

DC

 

[Ladyback1]

I think I said I wouldn't ask for it. But I want to know my options when speaking to him. He has thrown in my face a thousand times what he could do to be a jerk. Including doing some of these things. I want to show him what I could do and refuse to do. I just want knowledge. I know the moral and ethical answer to this question. Just wanted the legal answer.

and what is having a war of words going to accomplish? It's going to keep the whole situation in a frenzy, and everyone is going to be trying to one up the other.
Do you want a divorce, or do you want to make him pay for whatever he's done to cause the marriage to dissolve?

Let him rant and rave. It will frighten him more (and probably intimidate him more), if you smile a enigmatic smile and ignore him.

And if you really want to make him sweat? Get an attorney! (if you don't already have one). Once you have an attorney, all negotiations can go through legal counsel.

ETA: it's taken me a couple of years to get past the point of wanting to make my Ex pay for all the horrible things he did. And there are days that I still contemplate what kind of misery could I cause him. But...I've worked really hard to try and not engage in the whole revenge thinking.

 

[cbg]

FYI in Florida PTO is not earned unconditionally and CAN be lost by the employee. No Federal or Florida law requires that it be paid out under any circumstances - use it or lose it is quite legal there.

 

[ucffan]

and what is having a war of words going to accomplish? It's going to keep the whole situation in a frenzy, and everyone is going to be trying to one up the other.
Do you want a divorce, or do you want to make him pay for whatever he's done to cause the marriage to dissolve?

Let him rant and rave. It will frighten him more (and probably intimidate him more), if you smile a enigmatic smile and ignore him.

And if you really want to make him sweat? Get an attorney! (if you don't already have one). Once you have an attorney, all negotiations can go through legal counsel.

ETA: it's taken me a couple of years to get past the point of wanting to make my Ex pay for all the horrible things he did. And there are days that I still contemplate what kind of misery could I cause him. But...I've worked really hard to try and not engage in the whole revenge thinking.

I agree and understand I want the divorce, but I want to be financially ok as well. I am very scared when I see him purposely not earning income. I am scared that the courts will not consider the history of his income.

 

[ucffan]

I finished the paperwork last night. I did not address PTO in it. I used the AAML method for rehabilitative spousal support and literally cut the number in half and asked for it for 2.5 years. That's about when ill be done with school. My reasoning for asking is that I chose a career for supplemental income. I make just a little over minimum wage. I want a steady job that offers retirement and healthcare. I averaged his last 4 years of income. My question is what happens when I get his financial affidavit served on me and he literally cut his income in half? Do I get a chance to dispute it?

 

[LdiJ]

I finished the paperwork last night. I did not address PTO in it. I used the AAML method for rehabilitative spousal support and literally cut the number in half and asked for it for 2.5 years. That's about when ill be done with school. My reasoning for asking is that I chose a career for supplemental income. I make just a little over minimum wage. I want a steady job that offers retirement and healthcare. I averaged his last 4 years of income. My question is what happens when I get his financial affidavit served on me and he literally cut his income in half? Do I get a chance to dispute it?

Yes, you do.